The issue of food security which has gained prominence in the 1970’s has been a topic of debate since then. The theme behind an intellectual property protection is to help protect investments into research and development and stimulate innovation and in recent times patents have been taken on indigenous plants which have been used for generations by the local people, without their knowledge or consent potential. The developing nations have become a potential experimental launch pad of the developed countries. Thus, market of the developing countries is being targeted as safety is lenient and the countries which have a patent protection on plant variety pay a heavy price for these technologies. This paper addresses some of the unresolved issues pertaining to patent and food security, the existing legislation’s shortcomings and fallacies.